Alisa Ray

Oregon Supreme Court

Employment Law: Concerning the PERS statutory contract - when a court invalidates a statutory mechanism, the Legislative Assembly remains free to provide a remedy for those who have lost payments they would have received pursuant to the mechanism.

(12-30-2011)

Oregon Court of Appeals

Labor Law: "Amount of money indicated" as used in ORS 292.055 encompasses pay to be made in accordance with a simple formula; a public employer's failure to deduct the dues on a percentage base as requested constitutes an unfair labor practice.

Evidence: It is plain error for a trial court to admit a medical expert's diagnosis of sexual abuse in the absence of physical findings to support the diagnosis; inferences, for purposes of the plain error analysis, must be plausible.

Criminal Procedure: In determining whether an arrest warrant's return of service form provided notice, a form has no evidentiary value when it lacks information to identify the officer who executed the arrest warrant.

Evidence: When an officer obtains consent to search a vehicle during an lull in the traffic stop, the fact that the search occurs after the traffic stop is complete does constitute an extension of the initial stop.

Evidence: Where there is plain error in admitting an expert’s diagnosis of sexual abuse in the absence of physical signs of abuse, the court may decline to exercise its discretion to correct the error when the admission did not likely affect the lower court’s verdict.

Attorney Fees: If a party pursues a claim that is entirely devoid of legal or factual support, ORS 20.105(1) requires an attorney fee award; the factors specified in ORS 20.075 do not apply when a party seeks a mandatory attorney fee award.

Evidence: Under OEC (609)(3)(a), if more than 15 years pass since the prior conviction date, but jail time was served as a sanction for a parole violation within the 15-year period, the sanction is ‘confinement’ for purposes of calculating the 15-year period.

Property Law: ORS 90.396(1) requires an eviction notice to specify the date and time of the termination of tenancy; a notice that merely indicates that the termination date and time will occur 24 hours after service is insufficient.